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July 12, 2010

Dissatisfied with the result of the Suresh Report, Dr K. Radhakrishnan seeks a formal opinion of the Additional Solicitor General (ASG) of India, Shri Mohan Parasaraan. The ASG advises that the clause for termination in the Devas Agreement “cannot be invoked at this stage for the purpose of terminating the contract.” Rather, Parasaraan advises that the Government of India should manufacture a “force majeure” event in the form of a government policy decision to justify termination of the contract: “[i]n my view, instead of the Department of Space directing Antrix to terminate the contract, it will be advisable from a legal perspective that the direction comes from the Department of Space on the basis of a governmental policy decision.” Parasaraan writes further that the Devas Agreement falls “within the doctrine of force majeure.”

Ramachandran Viswanathan WS Page 7